<論考>イスラーム法における「ハラール」規定をめぐる考察 --「ハラール/ハラーム」の2分法と法規定の「5範疇」の相関性を中心に--

Abstract

Due to the recent ascendance of halal industries with lucrative business opportunities, especially concerning halal food, the word "halal, " a legal term in Islamic law, has become an icon for even non-Muslim business people dealing with Muslim consumers or Muslim tourists. Easy definitions of halal, such as "permissible" in Islam or, in the case of food stuff, food devoid of pork and alcohol, are currently in circulation. When compared with the "five categories of Islamic judicial rules, " one may wrongly equate the halal with the four categories other than the haram (forbidden). However, this equation is wrong, because the wājib (obligatory) as one of the five categories, for example, is unrelated to halal. After investigations into the nature of the halal/haram dichotomy and the five categories, utilizing 'Ilm Uṣūl al-Fiqh (Science of the Principles of Islamic Law) and 'Ilm al-Fiqh (Science of Islamic Law), this inquiry has found that the two sets were formulated for two different purposes. The halal/haram dichotomy stemmed directly from the narratives of halal/haram in the Qur'an and Hadith (Prophetic traditions) which mention a limited number of specific subjects, while the five categories of judicial rules were constructed by specialized legal scholars to comprehend each and every man and woman's actions in their lives so that they will know what to do, what not to do, and what to choose by their free will. Though the halal subjects are often related to the category of mubāḥ (free to choose), this is neither definitive nor a rule. These two sets must be understood separately, according to the purposes and functions of each.